Difference between joint tenancy and subletting in Amsterdam: legal pitfalls

In Amsterdam, many tenants confuse joint tenancy with subletting, with serious consequences due to the strict enforcement by the municipality. In joint tenancy, all parties are principal tenants with equal rights and joint and several liability; subletting involves a temporary transfer by the principal tenant to a subtenant. Subletting always requires the landlord's consent (Article 7:232 DCC) and ends automatically upon termination of the principal lease. Joint tenants cannot simply leave without consequences for the lease agreement, whereas subtenants can after expiry. Pitfalls in Amsterdam: subletting without permission leads to dissolution of the lease agreement, damage claims and reports to housing associations or the Labour Inspectorate. Joint tenancy offers stronger protected enjoyment of housing, ideal for long-term situations in the tight Amsterdam rental market. In joint tenancy, joint and several liability applies for rent and service charges; in subletting, only the principal tenant is liable to the landlord. Tax-wise: joint tenants can share homeowner's tax deduction benefits, subtenants cannot – relevant with high Amsterdam rents. Check the lease contract for specific clauses, often stricter for housing association properties in neighbourhoods like Bijlmer or Centrum. With illegal subletting, you risk eviction via summary proceedings at the Amsterdam District Court, with fines up to €20,000. Choose joint tenancy for equality in stable living situations, subletting for temporary flexibility such as for expats.